MATTER OF MARCUS K.-R., TIFFANY K., AND GIOVANNI R.
Motion No: CAF 07-01407
Slip Opinion No: 2008 NYSlipOp 90893(U)
Decided on December 2, 2008
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


December 2, 2008

PRESENT: SMITH, J. P., CENTRA, FAHEY, GREEN, AND PINE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-01407
DOCKET NOS. NN-04598-03/06, NN-04599-03/06, NN-04597-03/06

MATTER OF MARCUS K.-R., TIFFANY K., AND GIOVANNI R.



ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

DAWN K., RESPONDENT-APPELLANT.


The law guardian having moved to dismiss the appeal taken herein from an order of the Family Court, Oneida County, entered in the Office of the Clerk of said Court on June 11, 2007,

Now, upon reading and filing the affirmation of William L. Koslosky, Esq., dated October 29, 2008, the notice of motion with proof of service thereof, the affidavit of John A. Herbowy, Esq., sworn to November 3, 2008, the affirmation of Abbie Goldbas, Esq., dated November 6, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the appeal insofar as it concerns Marcus K.-R. is dismissed as moot, and

It is further ORDERED that the motion is in all other respects denied.

Entered: December 2, 2008

JOANN M. WAHL, Clerk